Indian Creek Acquisitions LLC v. SPM Flow Control Inc

Filing 5

ORDER REQUIRING PLAINTIFF TO INFORM THE COURT NOT LATER THAN JULY 15, 2013, OF THE NAME AND CITIZENSHIP OF EACH MEMBER. Signed by Judge Thomas M Rose on 6/25/2013. (kf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
INDIAN CREEK ACQUISITIONS, LLC
d/b/a MUTUAL TOOL

Case No. 3:13-CV-199

Plaintiff,
Judge Thomas M. Rose
-vS.P.M. FLOW CONTROL, INC.
d/b/a WEIR SPM,
Defendant.
______________________________________________________________________________
ORDER REQUIRING PLAINTIFF TO INFORM THE COURT NOT
LATER THAN JULY 15, 2013, OF THE NAME AND CITIZENSHIP OF
EACH MEMBER
______________________________________________________________________________
The Complaint in this matter was filed in this Court on June 20, 2013. According to the
Complaint, this Court’s jurisdiction is based upon diversity of citizenship. For diversity of
citizenship to exist, the Plaintiff’s citizenship must be diverse from the Defendant’s citizenship.
However, this Court cannot tell from the face of the complaint whether diversity of citizenship
exists, and thus cannot determine if it has the power to adjudicate this matter.
The caption of the Complaint indicates that the Plaintiff is a Limited Liability Company
(“LLC”). “The general rule is that all unincorporated entities - of which a limited liability
company is one - have the citizenship of each partner or member.” Delay v. Rosenthal Collins
Group, LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Thus, without confirming the citizenship of
each member of the Plaintiff LLC, the Court cannot confirm that it has subject matter
jurisdiction to proceed. Therefore, Plaintiff Indian Creek Acquisitions, LLC is each given until
not later than July 15, 2013, to inform the Court of the name and citizenship of each of its

members.
DONE and ORDERED in Dayton, Ohio this Twenty-Fifth Day of June, 2013.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record